ClimaCool IOM AR2 SERIES - Manual (Page 78)

76
www.climacoolcorp.com
®
forms\ccool\standard forms\word files\warranty certificate 05-10.doc
WARRANTY DISCLAIMER
It is expressly understood that unless a statement is specifically identified as a warranty, statements made by ClimaCool Corp., an Oklahoma corporation (“CC”), or its representatives, relating to CCʼs products, whether
oral, written or contained in any quote, sales literature, catalog or any agreement, are not express warranties and do not form a part of the basis of the bargain, but are merely CCʼs opinion or commendation of CCʼs
products. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THERE IS NO EXPRESS WARRANTY AS TO ANY OF CCʼS PRODUCTS. CC MAKES NO WARRANTY AGAINST LATENT
DEFECTS. CC MAKES NO WARRANTY OF MERCHANTABILITY OF THE GOODS OR OF THE FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE.
GRANT OF LIMITED EXPRESS WARRANTY
CC warrants CCʼs products purchased and retained in the United States of America and Canada to be free from defects in material and workmanship under normal use and maintenance only as follows: (a) All modular
chillers built or sold by CC for twelve (12) months from date of unit start-up or eighteen (18) months from date of shipment (from CCʼs warehouse), whichever comes first; and (b) Repair and replacement parts, which are
not supplied under warranty, for ninety (90) days from date of shipment (from CCʼs warehouse). All parts must be returned to CCʼs warehouse in Oklahoma City, Oklahoma, freight prepaid, no later than sixty (60) days
after the date of the failure of the part. If CC determines the part to be defective and within CCʼs Limited Express Warranty, CC shall, when such part has been either replaced or repaired, return such to a CC recognized
dealer, contractor or service organization, F.O.B. CCʼs warehouse, Oklahoma City, Oklahoma, freight prepaid. The warranty on any part repaired or replaced under warranty expires at the end of the original warranty
period.
This warranty does not cover and does not apply to : (1) Fuses, refrigerant, fluids, oil; (2) Products relocated after initial installation; (3) Any portion or component of the system that is not supplied by CC, regardless of the
cause of the failure of such portion or component; (4) Products on which the module identification tags or labels have been removed or defaced; (5) Products on which payment to CC is or has been in default; (6) Products
which have defects or damage which result from improper installation, wiring, electrical imbalance characteristics or maintenance (including, without limitation, defects or damages caused by voltage surges, inadequate
voltage conditions, phase imbalance, any form of electrical disturbances, inadequate or improper electrical circuit installation or protection, failure to perform common maintenance, etc.); or are caused by accident, misuse
or abuse, fire, flood, alteration or misapplication of the product; (7) Products which have defects or damage which result from a contaminated or corrosive air or liquid supply, operation at abnormal temperatures, or
unauthorized opening of refrigerant circuit; (8) Products subjected to corrosion or abrasion; (9) Mold, fungus or bacteria damage; (10) Products manufactured or supplied by others; (11) Products which have been
subjected to misuse, negligence or accidents; (12) Products which have been operated in a manner contrary to CCʼs printed instructions; or, (13) Products which have defects, damage or insufficient performance as a result
of insufficient or incorrect system design or the improper application of CCʼs products; (14) Products which have defects or damages due to freezing of the water supply, an inadequate or interrupted water supply,
corrosives or abrasives in the water supply, or improper or inadequate filtration or treatment of the water or air supply.
CC is not responsible for: (1) The costs of any fluids, refrigerant or other system components, or associated labor to repair of replace the same, which is incurred as a result of a defective part covered by CCʼs Limited
Express Warranty; (2) The costs of labor, refrigerant, materials of service incurred in removal of the defective part, or in obtaining and replacing the new or repaired part; or, (3) Transportation costs of the defective part
from the installation site to CC or of the return of any part not covered by CCʼs Limited Express Warranty.
Limitation: This Limited Express Warranty is given in lieu of all other warranties. If, notwithstanding the disclaimers contained herein, it is determined that other warranties exist, any such warranty, including without
limitation any express warranties or any implied warranties of fitness for particular purpose and merchantability shall be limited to the duration of the Limited Express Warranty.
LIMITATION OF REMEDIES
In the event of a breach of the Limited Express Warranty, CC will only be obligated at CCʼs option to repair the failed part or module or to furnish a new or rebuilt part or module in exchange for the part or module which
has failed. If, after written notice to CCʼs Head Office in Oklahoma City, Oklahoma of each defect, malfunction or other failure and a reasonable number of attempts by CC to correct the defect, malfunction or other
failure and the remedy fails of its essential purpose, CC shall refund the purchase price paid to CC in exchange for the return of the sold good(s), Said refund shall be the maximum liability of CC. THIS REMEDY IS
THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER AGAINST CC FOR THE BREACH OF CONTRACT, FOR THE BREACH OF ANY WARRANTY OR FOR CCʼS OWN NEGLIGENCE OR IN
STRICT LIABILITY.
LIMITATION OF LIABILITY
CC shall have no liability for any damages if manufacturerʼs performance is delayed for any reason or is prevented to any extent by any event such as, but not limited to, any war, civil unrest, government restrictions or
restraints, strikes or work stoppages, fire, flood, accident, shortage of transportation, fuel, material, or labor, acts of God or any other reason beyond the sole control of CC. CC EXPRESSLY DISCLAIMS AND
EXCLUDES ANY LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE IN CONTRACT, FOR BREACH OF ANY EXPRESS OF IMPLIED WARRANTY, OR IN TORT, WHETHER FOR
CCʼS OWN NEGLIGENCE OR AS STRICT LIABILITY.
OBTAINING WARRANTY PERFORMANCE
Normally, the contractor or service organization who installed the products will provide warranty performance for the owner. Should the installer be unavailable, contact any CC recognized contractor or service
organization. If assistance is required in obtaining warranty performance, write:
ClimaCool Corp. • P.O. Box 2055 • Oklahoma City, Oklahoma 73102 • (405)745-3185 • e-mail: [email protected]
NOTE: Some states or Canadian provinces do not allow limitations on how long an implied warranty lasts, or the limitation or exclusion of consequential or incidental damages, so the foregoing exclusion and limitations may not apply to you. This
warranty gives you specific legal rights, and you may also have other rights which vary from state to state and from Canadian province to Canadian province.
Please refer to the CC Installation, Operation and Maintenance manual for operating and maintenance instructions.
CLIMACOOL CORPORATION
LIMITED EXPRESS WARRANTY/LIMITATION OF REMEDIES AND LIABILITY
Warranty Information
For complete warranty details refer to ClimaCool's
web site at www .climacoolcorp .com or contact
customer service at (405) 745-3185 .